A request for evidence (RFE) is a notice from USCIS asking for more evidence before it decides your application. On an OPT or STEM OPT application, that's your Form I-765. The rules on deadlines and responses are strict, and most of them come from one regulation, 8 CFR 103.2(b), and one chapter of the USCIS Policy Manual.
This post goes through those rules, what the Form I-765 instructions list for OPT and STEM OPT, how to send a response, and when your DSO is involved. The application itself is covered in How to apply for OPT and the STEM OPT extension guide.
Not legal advice. This article summarizes official U.S. government sources. It is not legal or immigration advice. EADly is not a law firm and is not affiliated with USCIS, DHS or ICE. An RFE is about your own case: talk to your DSO, and to a qualified immigration attorney, about what to send. Last checked October 22, 2026 (PT). Each source's own date is in the Sources list.
What is an RFE?
- Its purpose. The USCIS Policy Manual says: "The purpose of an RFE is to obtain necessary evidence or elicit further information that clarifies whether the requestor has met the burden of proof to demonstrate eligibility for the benefit sought" (Vol. 1, Pt. E, Ch. 6).
- USCIS doesn't have to send one. With limited exceptions, USCIS "has discretion to deny the request without first issuing an RFE or a NOID when the case does not establish eligibility" (same chapter). An RFE means the officer chose to ask first.
- When the regulation allows it. If required initial evidence is missing, USCIS may deny the request or ask for the missing evidence. If the evidence sent doesn't establish eligibility, USCIS may deny the request, ask for more evidence "within a specified period of time," or send a notice of intent to deny (NOID) (8 CFR 103.2(b)(8)(ii) and (iii)).
- The Form I-765 instructions say: "USCIS may request that you provide more information or evidence to support your application. We may also request that you provide the originals of any copies you submit" (I-765 instructions, page 24).
- Eligibility counts from the day you filed. The Policy Manual says "RFEs are not issued to 'cure' an eligibility deficiency, as requestors must establish eligibility for the requested benefit at the time of filing the benefit request." It also says a requestor "must continue to be eligible through adjudication" (Ch. 6). The regulation says a request "shall be denied where evidence submitted in response to a request for evidence does not establish filing eligibility at the time the benefit request was filed" (8 CFR 103.2(b)(12)).
A NOID is a different notice: it tells you USCIS intends to deny and why. Its maximum response time is 30 days (8 CFR 103.2(b)(8)(iv)). Most of the response rules below apply to both.
How the RFE notice tells you what's missing
The regulation says an RFE "will specify the type of evidence required, and whether initial evidence or additional evidence is required," and "will indicate the deadline for response" (8 CFR 103.2(b)(8)(iv)). The Policy Manual says RFEs:
- identify the eligibility requirement that hasn't been established, and why the evidence submitted is insufficient;
- identify missing or deficient evidence that a statute, regulation or form instruction specifically requires;
- say whether the requested evidence is initial or additional evidence;
- give examples of other evidence that may be submitted; and
- request that evidence.
The officer should ask for "all the evidence the officer anticipates needing to determine eligibility," and the RFE "clearly states the deadline for response" (Policy Manual, Vol. 1, Pt. E, Ch. 6). Read every item on the notice, plus its instructions on where and how to respond.
What's the deadline to respond to an RFE?
| Rule | What the official source says |
|---|---|
| The notice sets the date | An RFE or NOID "will indicate the deadline for response" (8 CFR 103.2(b)(8)(iv)) |
| Maximum for an RFE | The response period may not "exceed twelve weeks" (same paragraph). The Policy Manual says 12 weeks is 84 days |
| Maximum for a NOID | 30 days (same paragraph) |
| Extensions | "Additional time to respond to a request for evidence or notice of intent to deny may not be granted" (same paragraph) |
| RFE sent by mail | Service is complete the day USCIS mails it, and "3 days are added to the prescribed period," a maximum of 87 days after mailing "for USCIS to receive a timely RFE response" (Policy Manual, Ch. 6) |
| RFE sent to your online account | Service is complete "on the day that USCIS uploads the RFE" (same chapter) |
| Response by mail, last day on a weekend or holiday | The response period "is extended until the end of the next day that is not a Saturday, Sunday, or federal holiday" (same chapter) |
| Response online | Received on the date you submit it, "regardless of whether the day is on a weekend or federal holiday" (same chapter) |
Two things stand out. The time limit is about when USCIS receives your response, so mailing time counts. And no one can grant you more time. If you aren't sure which date applies to your notice, ask an immigration attorney.
Example: one fictional RFE
A fictional student's RFE is dated Monday, November 2, 2026, and the response due date printed on it is Monday, January 25, 2027. That's 84 days, the 12-week maximum. If the student saves that date in EADly, reminders come on January 11, January 18, January 22, January 24 and January 25, 2027: 14, 7, 3, 1 and 0 days before it.
Your three options, and why a partial response matters
The regulation gives three choices "within the period afforded for a response": send a complete response, send a partial response and ask for a decision on the record, or withdraw the application (8 CFR 103.2(b)(11)).
- Send everything together. "All requested materials must be submitted together at one time, along with the original USCIS request for evidence or notice of intent to deny" (same paragraph).
- A partial response is decided as is. "Submission of only some of the requested evidence will be considered a request for a decision on the record" (same paragraph). The Policy Manual adds: "USCIS does not wait for a second response or issue a second RFE or NOID simply because a response from the benefit requestor is a partial response" (Ch. 6).
- Missing items can decide the case. "Failure to submit requested evidence which precludes a material line of inquiry shall be grounds for denying the benefit request" (8 CFR 103.2(b)(14)).
- Withdrawing. SEVP's guidance for DSOs says that once the OPT request shows "Pending" in SEVIS, the student must write to USCIS to withdraw, at the address on the receipt notice, with the receipt number (SEVIS Help Hub, F-1 OPT). A withdrawal "does not preclude the filing of a new benefit request with a new fee" (8 CFR 103.2(b)(15)), but the OPT filing windows still apply. Talk to your DSO first. See OPT filing window.
What happens if you don't respond in time?
- Denial. If you don't respond by the required date, the request "may be summarily denied as abandoned, denied based on the record, or denied for both reasons" (8 CFR 103.2(b)(13)(i)).
- No appeal. "A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under § 103.5" (8 CFR 103.2(b)(15)). For OPT, the regulation also says "The applicant may not appeal the decision" (8 CFR 214.2(f)(11)(iii)(C)).
If a deadline has passed or is about to, talk to an immigration attorney right away.
What the I-765 instructions list for OPT and STEM OPT
We didn't find an official list of the most common reasons for OPT RFEs, so this section doesn't guess. What we can show is what the official instructions and USCIS's evidence checklist list for each category. The Policy Manual says an RFE identifies evidence "specifically required by the applicable statute, regulation, or form instruction," so this is the list a request can point back to.
| What the instructions list | Post-completion OPT, (c)(3)(B) | STEM OPT extension, (c)(3)(C) |
|---|---|---|
| Form I-20 | Signed by the DSO within 30 days before you file (checklist) | Signed by the DSO within 60 days before you file (checklist) |
| DSO recommendation | Entered in SEVIS before you file. File within 30 days of it, or USCIS "will deny your OPT request" (instructions) | Entered in SEVIS before you file. File within 60 days of it (instructions) |
| Filing window | Up to 90 days before, and no later than 60 days after, the program end date (instructions) | Up to 90 days before your current OPT expires (instructions) |
| Earlier records | All previously used SEVIS numbers, and any earlier CPT or OPT with its academic level, in Part 6 (instructions) | Not listed for this category |
| Degree | Not listed for this category | Evidence that the degree is on the STEM Designated Degree Program List (instructions) |
| Employer | Not listed for this category | Employer name as listed in E-Verify and its E-Verify company ID, in Part 2, Items 28.a to 28.c (instructions) |
| Earlier STEM degree | Not listed for this category | If the extension is based on an earlier STEM degree: a copy of it, plus evidence the school is accredited by the U.S. Department of Education and certified by SEVP (instructions) |
Sources: Form I-765 instructions, pages 4 and 5; USCIS checklist of required initial evidence for Form I-765.
The checklist's general requirements for every Form I-765 also list a copy of your Form I-94 (or passport or travel document), a copy of your last EAD if you had one, two identical passport-style photos, and, if you never had an EAD, a copy of a government-issued identity document. Documents in a foreign language need a full English translation and the translator's certification (same checklist). For STEM OPT, Study in the States adds that USCIS must receive the application by the end date of your post-completion OPT, or "the STEM OPT extension application will be denied" (Applying for Practical Training).
More detail: OPT documents and photos and STEM OPT documents.
How to send your RFE response
- Follow the notice. USCIS says: "If we send you a request for evidence (RFE) or other information request, the notice will show which address you should respond to." It may ask you to respond electronically or to a central location different from where you filed, so "always follow the instructions provided on your receipt notice, case transfer notice, or RFE" (USCIS, Filing Locations and Online Filing Options Updates).
- Include the original notice, with all the requested materials at one time (8 CFR 103.2(b)(11)).
- Online cases. USCIS says it will "notify you by text message or email (based on your preference) if you need to respond to a Request for Evidence (RFE)." You "go to the 'Documents or Notices' tab, as applicable, to view notices and respond to the RFE" (USCIS, Tips for Filing Forms Online). USCIS's tips for uploading evidence say files "must not be larger than 12MB," generally must be PDFs, JPGs or JPEGs, and must not be encrypted or password-protected (same page).
- Originals. The checklist says not to send original documents "unless specifically requested." If USCIS asks for an original, the instructions say USCIS will return it once it's no longer needed (I-765 instructions, page 24).
- Keep a copy of everything you send, and proof of when USCIS received it.
If you never got the notice
- Mail goes to your U.S. address. Study in the States says USCIS "will send the RFE to your U.S. address" (Applying for Practical Training). It says leaving the United States while a practical training application is pending "is not recommended," because USCIS may send an RFE while you're away (Traveling as an F or M Student). More: Travel on OPT.
- Moved? USCIS says that with a pending request, you must notify it of an address change "as soon as possible," and that noncitizens in the United States generally must report a change within 10 days of moving. In a USCIS online account, you enter the receipt number of each pending request (USCIS, How to Change Your Address). On F-1, you also tell your DSO within 10 days (8 CFR 214.2(f)(17)).
- Missing notice. The USCIS Contact Center handles "non-receipt of a notice such as an interview notice, Request for Evidence (RFE), or appointment notice" (USCIS Contact Center).
Checking your case status after you respond
USCIS Case Status Online uses the receipt number on your notices, which "consists of three letters followed by 10 numbers," and shows "the last action taken on your case" (USCIS, Checking Your Case Status Online). A USCIS online account also shows the status of your case (USCIS, Tips for Filing Forms Online). USCIS says to try its online tools first; "If you have tried our tools and still need help, you may submit an online case inquiry or call to the USCIS Contact Center" (USCIS, Contact Us). Processing times are in USCIS's Check Case Processing Times tool.
When does your DSO come in?
- The recommendation is the DSO's. The DSO must enter the OPT recommendation in SEVIS before you apply, note whether the OPT is full-time or part-time and the OPT start and end dates, and give you "a signed, dated Form I-20" showing the recommendation (8 CFR 214.2(f)(11)(ii)(B) and (C)).
- USCIS relies on it. USCIS decides an OPT application "on the basis of the DSO's recommendation and other eligibility considerations" (8 CFR 214.2(f)(11)(iii)).
- What a DSO can change while you wait. SEVP's guidance for DSOs says that while an OPT request is "Pending," the fields a DSO can edit are full-time or part-time, the one-year requirement, and remarks. After an edit, the DSO can print a Form I-20 with the OPT recommendation and must sign it (SEVIS Help Hub, F-1 OPT).
- STEM OPT and Form I-983. A DSO may recommend a STEM OPT extension "only if the Form I-983" has been properly completed and signed by you and the employer (8 CFR 214.2(f)(11)(ii)(A)). See the Form I-983 guide.
If your RFE asks about your Form I-20, your DSO's recommendation, your SEVIS record or your Form I-983, contact your DSO as soon as the notice arrives. The deadline doesn't move.
Keeping track of an RFE in EADly
EADly is a private, local-first app for iPhone and Android. For an RFE on your OPT or STEM OPT application:
- Save the notice. Use Update Status, then "OPT: USCIS notice (RFE, NOID or intent to revoke)" or the STEM OPT option, or go to Settings, USCIS notices. Save the notice date and the response due date as printed on the notice. EADly doesn't calculate the due date. It shows the rule for that kind of notice, such as the 12-week maximum for an RFE.
- Reminders. EADly reminds you 14, 7, 3, 1 and 0 days before the saved due date, until you save the date your response was sent or a decision.
- Keep the papers. Add the notice and your response to the Document Vault, linked to that notice. EADly Free holds 1 Vault file; EADly Plus has no file-count limit.
What it doesn't do: EADly doesn't read your notice, tell you what to send, send the response or check your case status. It doesn't contact USCIS or your DSO, and it doesn't decide whether you may work. Get EADly on the App Store or Google Play. The download is free, and EADly Free saves every F-1 job (OPT, STEM OPT and CPT).
Common questions
How long do I have to respond to an OPT RFE?
Until the deadline on the notice. The regulation says an RFE's response period can't exceed 12 weeks (8 CFR 103.2(b)(8)(iv)). The Policy Manual adds 3 days when the RFE is mailed.
Can I get more time to respond to an RFE?
No. The regulation says additional time to respond "may not be granted" (8 CFR 103.2(b)(8)(iv)).
Can I send part of my RFE response now and the rest later?
No. All requested materials must be sent together, with the original notice. Sending only some of them is treated as a request for a decision on the record (8 CFR 103.2(b)(11)).
What happens if I miss the RFE deadline?
USCIS may deny the application as abandoned, deny it based on the record, or both (8 CFR 103.2(b)(13)(i)). Talk to an immigration attorney right away.
Where do I send my RFE response?
To the address, or by the method, the notice gives. For a case in your USCIS online account, you respond from the Documents or Notices tab (USCIS, Tips for Filing Forms Online).
Does an RFE mean my OPT will be denied?
No official source says that. USCIS can deny without sending an RFE, so an RFE means the officer asked for more evidence before deciding (Policy Manual, Vol. 1, Pt. E, Ch. 6). The decision depends on the whole record, including your response.
My RFE asks about my I-20. Who can help?
Your DSO. The DSO enters the OPT recommendation in SEVIS and signs the Form I-20 that shows it (8 CFR 214.2(f)(11)(ii)).
Does an RFE affect premium processing?
Yes. It stops the 30-business-day clock, and a new period starts when USCIS receives your response (USCIS, How Do I Request Premium Processing?).
Sources
All checked October 22, 2026 (PT). The date in brackets is the date each page showed.
- 8 CFR 103.2(b)(8) and (b)(11) to (b)(15), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2 [the text is identical in the eCFR version of Oct 20, 2026; checked October 22, 2026]
- USCIS Policy Manual, Vol. 1, Pt. E, Ch. 6, Evidence: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-6 [current as of 10/02/2026; checked October 22, 2026]
- USCIS, Instructions for Form I-765 (PDF): https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf [edition 08/21/25; checked October 22, 2026]
- USCIS, Checklist of Required Initial Evidence for Form I-765: https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-765-for-informational-purposes-only [last reviewed 05/15/2025; checked October 22, 2026]
- USCIS, Filing Locations and Online Filing Options Updates: https://www.uscis.gov/forms/us-citizenship-and-immigration-services-filing-locations-and-online-filing-options-updates [latest entries dated 10/07/2026; checked October 22, 2026]
- USCIS, Tips for Filing Forms Online: https://www.uscis.gov/file-online/tips-for-filing-forms-online [last reviewed 10/07/2026; checked October 22, 2026]
- USCIS, How to Change Your Address: https://www.uscis.gov/addresschange [last reviewed 08/04/2026; checked October 22, 2026]
- USCIS Contact Center: https://www.uscis.gov/contactcenter [last reviewed 10/13/2026; checked October 22, 2026]
- USCIS, Contact Us: https://www.uscis.gov/about-us/contact-us [last reviewed 12/22/2025; checked October 22, 2026]
- USCIS, Checking Your Case Status Online: https://www.uscis.gov/tools/checking-your-case-status-online [last reviewed 08/25/2020; checked October 22, 2026]
- USCIS, How Do I Request Premium Processing?: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing [last reviewed 03/23/2026; checked October 22, 2026]
- 8 CFR 214.2(f)(11) and (f)(17), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.2 [checked October 22, 2026. We cite the Sept 14 version because USCIS says it is following the previous provisions after a court postponed the July 17, 2026 rule]
- Study in the States, Applying for Practical Training: https://studyinthestates.dhs.gov/students/work/applying-for-practical-training [last updated 08/24/2026; checked October 22, 2026]
- Study in the States, SEVIS Help Hub, F-1 Optional Practical Training (guidance for DSOs): https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/f-1-optional-practical-training-opt [last updated 05/19/2025; checked October 22, 2026]
- Study in the States, Traveling as an F or M Student: https://studyinthestates.dhs.gov/students/study/traveling-as-an-f-or-m-student [last updated 08/17/2026; checked October 22, 2026]
This article summarizes official U.S. government sources and is not legal or immigration advice. EADly is not a law firm and is not affiliated with USCIS, DHS or ICE.